Rakowicz v. Fashion Institute of Technology

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Queens County (Schulman, J.), dated April 24, 2008, as, upon an order of the same court dated February 8, 2008, directing the dismissal of the action pursuant to 22 NYCRR 125.1 (g), is in favor of the defendant and against him dismissing the complaint.

Ordered that the judgment is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, the order dated February 8, 2008, is vacated, the complaint is…